JUDGMENT :

A. BADHARUDEEN, J.

1. This appeal is at the instance of the defendants in OS No. 243/2014 on the files of the Munsiff Court, Nadapuram, where the defendants suffered decree and judgment dated 10.06.2019 at the hands of the respondent herein, who is the plaintiff in the suit. Though, the appellants herein challenged the verdict of the Munsiff Court granting decree of prohibitory injunction acting on Ext.C4 plan, the learned Sub Judge, Vadakara, also dismissed the appeal as per judgment dated 27.02.2021 in AS No. 17/2019.

2. Heard the learned counsel for the appellants as well as the learned counsel for the respondent.

3. This appeal was admitted by my predecessor on raising the following questions of law:

(1) Whether the two courts below wrongly decreed a suit for permanent prohibitory injunction in respect of an area of 7 acres and 39 cents, when the claim of the plaintiff was only as regards 5 acres and 14 cents by way of an amendment subsequent to the commission report filed in this case?

(2) Whether the two court below ascertained the factum of possession on the date of suit without examining the Advocate Commissioner and Surveyor?

(3) Whether the two courts below granted a